Fort Walton Beach Council minutes — 10-13-09 regular minutes — reading text

11 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 13, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 13, 2009, at 6: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson. Absent: Virgil Miller Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Reverend Roger Peadro, First Christian Church, gave the Invocation and led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the business of the day. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Miller absent). CONSENT AGENDA Mr. Reeves moved to approve the following consent agenda. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). MINI TTF IR Approval of the minutes of the Special Council Meeting of September 16, 2009; Special Council Meeting of September 22, 2009 and Regular Council Meeting of September 22, 2009 SHIP ANNUAL REPORTS Approval of the SHIP ( State Housing Initiatives Partnership) Annual Reports from the Okaloosa County Development Corporation for their fiscal years 2006 -07, 2007 -08 and 2008 -09, and authorization for the Mayor to sign the Certificate of Regulatory Reform activities. RES. 2009 -41— BUDGET AMENDMENT, STREET RESURFACING PROJECTS A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FEDERAL HIGHWAY ADMINISTRATION FOR ROAD RESURFACING AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE INITIATIVE; AUTHORIZING THE CITY ENGINEER TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. Approval of Resolution 2009 -41 for a budget amendment accepting the American Recovery and Reinvestment Act of 2009 funds from FDOT for street resurfacing projects in the amount of $1, 607, 246.  Regular Council 10 -13 -09 12 PUBLIC HEARING: ORD. 1796 - SUNDAY ALCOHOL SALES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 9. 01. 04, HOURS FOR SALES ( OF ALCOHOLIC BEVERAGES); RESOLVING SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie announced a conflict of interest and would abstain from the vote. Mr. Reeves moved to approve Ord. 1796 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Miller absent, Garvie abstained). PUBLIC HEARING: OP's 1815 —BUILDING, CONSTRUCTION & FIRE CODES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 3, BUILDINGS, CONSTRUCTION & FIRE CODES, OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. Tim Bolduc, Building Official, reviewed the changes made to the code. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to approve Ord. 1815 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). HISTORIC SITES BOARD APPOINTMENT Appointment to the Historic Sites and Structures Advisory Board. The City Clerk noted Don Panzenhagen resigned from the Historic Sites Board upon his appointment to the She Municipal Planning Boards which left a vacancy for an unexpired term until October 23, 2010. confirmed membership is not limited to City residents. Mr. Reeves nominated Katherine Krueger. The Mayor called for the vote on the nomination to appoint Katherine Krueger, 455 Sandmore Shore Drive, Mary Esther, to the Historic Sites and Structures Advisory Board to fill the unexpired term from October 13, 2009 until October 23, 2010 and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson., and Rynearson in favor (Miller absent). HISTORIC SITES REPRESENTATIVE TO THE VISION PLAN COMMITTEE Appointment of Historic Sites and Structures Advisory Board representative to the Vision Plan Stewardship Committee. Mr. Holmes nominated James Thoreen to serve as the Historic Sites representative for the length of his term until September 10, 2011. The Mayor called for the vote on the nomination to appoint James Thoreen, 33 Anastasia, to serve as the Historic Sites and Structures Advisory Board representative on the Vision Plan Stewardship Committee for the length of his term until September 10, 2011 and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). Regular Council 10 -13 -09 13 HOUSING AUTHORITY Request from Fort Walton Beach Housing Authority to refund the FYE June 30, 2009 PILOT payment in the amount of $24,021. 49. The Finance Director reported the Housing Authority is requesting a refund of $24, 021. 49 for the fiscal year ending June 30, 2008 payment in lieu of taxes and staff is requesting direction. The Mayor opened the floor for public input. As no one wished to speak public input was closed. During discussion on the computation of the refund amount it was noted that the amount has increased over the years, that 200 more units are going to be built which will cause that amount to increase, it was suggested in the future that Council consider placing a cap on the refund amount; and it was noted that Council determines the amount, if any, that is refunded. Mr. Garvie moved to waive the PILOT payment (payment in lieu of taxes) and grant a refund to the Fort Walton Beach Housing Authority for the Fiscal Year Ending June 30, 2008 PILOT payment in the amount of $ 24, 021. 49. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). REVIEW OF LEASES Review of Leases for Playground Gem and Mineral Society and Playground Amateur Radio Club. Playground Gem and Mineral Society The City Manager reported that the lease for the Playground Gem and Mineral Society, located at 17 First Street, expires October 30, 2009; it was last leased for ten years on November 1, 1999, rent is $ 1. 00 per year, lessee performs maintenance, pays utilities, and is self sustaining. - He said the leased area contains 885 sq. ft. with an estimated fair market rental value per the Property Appraiser' s assessment of $3. 50 to $ 4. 50 per sq. ft. or between $ 3, 100 and $ 4,000 per year; the Playground Gem and Mineral Society use is permitted in the CF zoning district. He reported they request a five year lease at $ 1. 00 per year and they will pay the utilities. The Mayor opened the floor for public input. Betty Kentosh, Playground Gem and Mineral Society, discussed how the Society provides educational opportunities by giving lectures at the schools, help the Boy Scouts with their merit badges, offer entertaining programs in the sciences of mineralogy, ecology and the lapidary arts, and provide classes in the Lapidary Arts and promote the hobby of rock collecting. Allen Weston, Vice -President, clarified the arrows on the application referred to information on the backside of the paperwork in response to the questions. As no one further wished to speak public input was closed. Discussion was held on the desire for the Society to increase their outreach to the community with information that they are an educational resource available for classroom presentations and/ or student tours; and the desire for additional information such as the number of classroom visits made each year, the number of times the Society has helped the Boy Scouts with merit badges, the number of snowbird visitors, and any other information on the educational benefits to the City. Council expressed reluctance to renew the lease for a five year period without additional information on the benefits to the City. The City Attorney said since Council wishes additional information, the item can be continued, the lease would be extended on a month to month basis, then brought back with more information if the Society can provide that information. Mr. Nabors moved to extend the lease with the Playground Gem and Mineral Society for one year with them to return with quantitative data as to the number of people in the Society, number of transient visits, and number of civic /community shows or educational programs. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Miller absent).  Regular Council 10 -13 -09 14 Playground Amateur Radio Club The City Manager reported that the lease for the Playground Amateur Radio Club, located at 17 First Street, expired July 30, 2009; it was last leased for ten years on August 1, 1999, rent is $ 1. 00 per year, the lessee performs maintenance, and in March the lease was enforced for the first time and the lessee was required to pay utilities as required by the lease. He said the leased area contains 1, 054 square feet with an estimated fair market rental value per the Property Appraiser' s assessment of $3. 50 to $ 4. 50 per sq. ft. or between 3, 700 and $ 4, 750 per year; the Playground Amateur Radio Club use is permitted in the CF zoning district. He said the Radio Club is requesting rent of $1. 00 per year for a term of ten years and asks that the City provide relief from utility costs they are required to pay ( approximately $ 1, 350 a year) pursuant to the current lease, and access to or additional installation of thermostat controls for its leased space. He said additional installation of a control unit is not feasible per the City' s Facilities Maintenance staff and access to the controls will be discussed by staff with the other tenants of the building. The Finance Director reported she spoke with the Facilities Maintenance staff and was told it is not feasible to provide a thermostat for the Club but they could speak with the other tenants to see if the Club could get access to the thermostat. The City Manager clarified that the utilities payment is pro rated per square foot.